What happens when the Castro Nova immigration consent decree expires on 2 Feb 2026?
Executive summary
The Castañon Nava consent decree — a 2022 court agreement restricting ICE warrantless and collateral arrests in the Northern District of Illinois — was extended by U.S. District Judge Jeffrey Cummings through February 2, 2026, and the court ordered continued reporting, reissuance of a broadcast policy, and relief for some detainees during the extension [1] [2] [3]. If the decree simply expires on February 2, 2026, the specific court-ordered reporting and injunctive controls tied to the decree will terminate unless the court or an appellate court takes further action; the sources document the extension, the monthly production requirement through the decree’s term, and that defendants have appealed and sought stays — but they do not define precisely what automatic policy or enforcement changes will follow post-expiration [4] DHSGov.-CA7-Stay-Motion11-17-2025.pdf" target="blank" rel="noopener noreferrer">[5] [6].
1. What the decree does now and why the court extended it
The consent decree, entered after litigation over ICE raids in Chicago, bars many vehicle stops and warrantless “collateral” arrests and requires ICE to adopt a nationwide policy limiting warrantless arrests in the Northern District of Illinois; in October 2025 the court found multiple violations and extended the decree to continue oversight through February 2, 2026, while ordering ICE to reissue its Broadcast Policy on Warrantless Arrests nationwide and to produce information about recent arrests [2] [3] [1].
2. What the court ordered to occur during the extension
Judge Cummings required concrete steps during the extension: production of A‑numbers and arrest paperwork for warrantless arrests from June 11, 2025 through October 7, 2025 and monthly productions continuing until the consent decree’s expiration, removal of conditions of release tied to verified unlawful arrests, and retraining and documentation designed to create a clearer paper trail for potential violations [4] [3] [7].
3. What legally happens if the decree expires on February 2, 2026
If the court’s extension expires on February 2, 2026 and no further court order renews or modifies it, the specific injunctive terms and monthly reporting obligations the court imposed under the consent decree would cease to apply as a matter of that decree’s scope; the available reporting shows the district court extended the Agreement only through that date and imposed time‑limited obligations tied to that term [7] [4]. The sources do not, however, provide a step‑by‑step list of immediate operational changes ICE must undertake the moment the decree lapses, nor do they say that all underlying rights or other legal constraints would vanish — those outcomes would depend on subsequent court rulings, appeals, or new litigation which the record indicates parties were already pursuing [5] [6].
4. The active litigation and how it could alter expiration effects
Defendants (DHS/ICE) appealed the extension and sought stays of the October 2025 order extending the decree, arguing legal errors; the Seventh Circuit’s briefing and motions (and subsequent filings) mean the February 2, 2026 expiration could be postponed or transformed by appellate orders, stays, or further district‑court remedies — the filings show defendants have actively sought relief from the extension even as plaintiffs push enforcement and releases tied to verified violations [5] [6] [4].
5. Practical implications and persistent uncertainties
Practically, the extension led to releases, bond refunds, and tightened oversight for people the court found were arrested in violation of the decree and required ICE to track and disclose arrests monthly until expiration; whether those protections survive intact beyond February 2 depends on further court action or negotiated settlement, and the sources plainly stop short of declaring what ICE will do operationally the day after the decree ends, leaving room for significant uncertainty for detainees, advocates, and local communities [8] [3] [4].